Accused in drug death case says gardai threatened him

One of three men accused of beating drug addict Josie Dwyer to death has claimed gardai told him he would be hanged in prison…

One of three men accused of beating drug addict Josie Dwyer to death has claimed gardai told him he would be hanged in prison if he did not confess.

Mr Mark Cooke told Dublin Circuit Criminal Court gardai fabricated his confession, and said one of the prosecution witnesses, Ms Karen Kennedy, had been selling drugs to children the year before Mr Dwyer was killed.

Another accused, Mr John Fitzpatrick, said four prosecution witnesses had lied about his whereabouts on the night of the killing.

Mr Cooke (25), Dolphin House, and Mr Fitzpatrick (35), Fatima Mansions, and Mr Hugh Byrne (33), Dolphin House, all Rialto, Dublin, deny the manslaughter of Mr Dwyer in Basin Lane, Dublin, on May 14th, 1996. They also deny charges of assaulting Mr Alan Byrne and of violent disorder. Mr Cooke told his counsel, Mr Anthony Salmon SC, that on the night of Mr Dwyer's death, he attended an anti-drugs meeting in Dolpin's Barn community centre. Afterwards he went with a large number of people on an "anti-drugs patrol". They confronted a number of drug dealers and told them to leave the area.

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Mr Cooke said a group of men confronted Mr Byrne, but he did not get involved.

The group pursued Mr Byrne and Mr Dwyer towards Fatima Mansions, and Mr Byrne threw bottles and stones at them. They followed them to Basin Lane.

Asked why he did not join the group as they chased Mr Byrne and Mr Dwyer, Mr Cooke said he did not approve of violence. "I didn't know what was going on and I didn't want to know what was going on," he added.

He told Mr George Birmingham SC, prosecuting, that gardai had shouted and jeered at him when he was questioned in Kilmainham Garda station two days after Mr Dwyer's death. He alleged that one garda mentioned his brother, who had hanged himself in Mountjoy prison, and told him he would meet a similar fate if he did not co-operate.

He said two gardai later forced him to sign a statement admitting he kicked Mr Dwyer.

Mr John Fitzpatrick told Mr Birmingham he was at the top of Basin Lane and did not know a group of men were attacking Mr Dwyer and Mr Byrne further down the lane.

The trial continues before Judge Dominic Lynch.